Knight

Knight v. Richardson Bay Regional Agency

Good Law
United States District Court, Northern District of CaliforniaOctober 27, 20223:22-cv-06347California5,052 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL KNIGHT, Case No. 3:22-cv-06347-WHO

Plaintiff,

ORDER GRANTING TEMPORARY

v. RESTRAINING ORDER

RICHARDSON BAY REGIONAL Re: Dkt. No. 3 AGENCY, et al., 11 Defendants.

12 Daniel Knight seeks a temporary restraining order to preserve the status quo and prevent the Richardson Bay Regional Authority (“RBRA”), the RBRA Harbormaster Jim Malcom, and the RBRA Executive Director Steven McGrath from seizing his boat, the Coronado, and its anchor system. The parties have two fundamental and substantial disagreements: whether Knight’s boat constitutes “marine debris” under the relevant regulation, and whether Knight lives on the boat. These questions and the evidence provided raise serious questions going to the merits of Knight’s substantive due process claim under the Fourteenth Amendment, his unreasonable seizure claim under the Fourth Amendment, and his Takings Clause claim under the Fifth Amendment. Additionally, the loss of the…

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